HomeMy WebLinkAbout2019-11-25 20-019 ORDINANCECITY COUNCIL ACTION
Council Meeting Date: November 25, 2019
Item No: 20-019
Responsible Dept: Planning
Action Requested: Ordinance
20-019 11/25/2019
Map/Lot: 042 Lot 068
and 069
Title, Ordinance
Amending Chapter 165, Land Development Code — Contract Zone Change — 193 Union Street from
Government and Institutional Service District (G&ISD) and Urban Residence 2 District (URD -2)
to Contract Downtown Development District (DDD)
Summary
This Ordinance will amend Chapter 165 of the Land Development Code to rezone approximately 0.28 acres of
land from Government and Institutional Service District and Urban Residence 2 District to Contract Downtown
Development District. The Thomas School of Dance seeks to relocate its business to a vacant church located
at 193 Union Street and an adjacent parcel. The two lots have different zones with the church zoned G&ISD
and parking zoned URD -2. The property sits at the edge of downtown and is adjacent to properties zoned
USD and URD -2. To facilitate the move, Thomas School is seeking a re -zone from the above to two zones to
a contract DDD zone. The need to do a contract DDD zone is that the church cannot meet the parking
requirements. If approved, the Downtown Development District zoning would eliminate the numerous
nonconformities with contract conditions which seek to preserve the existing building and its associated
parking.
If approved the following contract conditions would apply:
A. Map — Lot 042-068 1. Preserve and maintain all parking currently on the lot.
2. The following uses are prohibited on the lot:
Bus terminal; Bar; tavern or lounge.
B. Map Lot 042-069 1. The only use permitted for the lot will be off-street parking.
Committee: Planning Board
Action:
Staff Comments & Approvals
C'JA r l�,:
City Manager
Director
Introduced for: First Reading and Referral
Meeting Date: December 3, 2019
For:
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City Solicitor
Against:
Finance
CITY COUNCIL ORDINANCE
Date: November 25, 2019
Assigned to Councilor: Tremble
20-019 11/25/2019
ORDINANCE, Amending Chapter 165, Land Development Code — Contract Zone Change — 193 Union Street
from Government and Institutional Service District (G&ISD) and Urban Residence 2 District (URD -2)
to Contract Downtown Development District (DDD)
WHEREAS, the Comprehensive Plan of the City of Bangor has identified this property as suited for
High Density Residential Uses, and
WHEREAS, this property has been operated for over 100 years as a church at this location, and
WHEREAS, the applicant seeks to reuse the historic structure for an school of dance, and
WHEREAS, the applicant has proposed a number of contract conditions to limit the potential adverse
impacts on the surrounding neighborhood.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BANGOR AS FOLLOWS, THAT
That the zoning boundary lines as established by the Zoning Map of the City of Bangor dated October 28,
1991, as amended, be hereby further amended as follows:
By changing a parcel of land located 193 Union Street Tax Map 042-068 and 069), from Government and
Institutional Service District (G&ISD) and Urban Residence 2 District (URD2) to Contract Downtown
Development District (DDD). Said parcel of land containing approximately .28 acres and being more particularly
indicated on the map attached hereto and made a part hereof.
PROVIDED, HOWEVER THAT, in addition to the mandatory conditions imposed by Chapter 165-7 of the
Ordinances of the City of Bangor, said change of zone is granted subject to the following conditions:
This rezoning will also apply contract conditions to:
Map — Lot 042-068 1. Preserve and maintain all parking currently on the lot.
2. The following uses are prohibited on the lot;
Bus terminal; Bar; tavern or lounge.
Map Lot 042-069 1. The only use permitted for the lot will be off-street parking.
Execution by those parties with an interest in the affected property of an agreement providing for the
implementation and enforcement of all the terms and conditions set forth above and the recording of said
executed agreement in the Penobscot County Registry of Deeds by the property owner. In the event that said
agreement is not so executed within ninety (90) days from the date of passage hereof, this Ordinance shall
become null and void.
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20-019
November 25, 2019
GMSD
- Contract Zone
Memorandum
To: The Honorable City Council
From: Anne Krieg AICP - City Planner/H
CC: Tanya Emery, Director of Commu&iEconomic Development
David Gould, AICP, Planning Officer
Paul Nicklas, Assistant City Solicitor
Date: December 4, 2019
Re: CORD 20-019
Please accept this memorandum as an indication of the Planning Board
proceedings at their requisite public hearing on December 3, 2019.
Patrick Lyons, Esq. of Eaton Peabody, representing the applicant, spoke first
to introduce the applicant.
The applicant, Cassie Pillsbury reviewed her application, her business plan,
as well as the community and cultural history of the Thomas School of Dance
opened by Polly Thomas in 1920. She read her testimony as attached to
this memorandum. Of note is the operation has been out of operation since
July 31st
Attorney Lyons then presented 3 issues for the Board to deliberate upon:
1. Is the contract consistent with the Comprehensive Plan?
He reviewed case law where the court held that a zoning change
request has to be in "basic harmony" with the plan and ""not
specifically prohibited."
He then reviewed specific pages in the comprehensive plan related to
the urban core of Bangor and that this area was part of the urban
core.
2. Existing zoning
Lyons noted that the parking lot is currently a non -conforming use so
this zoning change would make the lot conforming.
CITY OF BANGOR PLANNING DIVISION
PLANNING BOARD RECOMMENDATION FOR CORD 20-019
He also added that the area is a mixed zoning area. The uses also are
mixed commercial on Union Street with residential behind on side
streets.
3. Contract Conditions
Lyons reviewed the following conditions:
For the church:
1.) Preserve and maintain all parking currently on the lot.
2.) The following uses are prohibited on the lot.• bus terminal; bar, tavern or
lounge
For the property currently housing a parking lot:
1.) Only off-street parking is a permitted use.
Discussion ensued by Board members Meagher and Kenney as well as the
Chair about the appropriate application of some of the uses (that would be
allowed in the requested district) for the current church parcel if the dance
studio sold or left the building. Attorney Lyons responded that many of
those uses are already in the area.
Planning Officer David Gould reviewed the staff report. Of particular note is
the history of the church, that the property was constructed as a church in 1854
operated as the Union Street Methodist Episcopal Church until the recently.
Upon further deliberations, member Meagher made a motion to recommend
the contract zone change request to the City Council. Member Kenney
seconded the motion. The motion passed unanimously by members present.
P AGE 2 12
Bangor Planning Board
December 3, 2019
Cassie Pillsbury, Thomas School of Dance
193 Union Street
Good Evening. Fin Cassie Pillsbury, the owner and director of Thomas School of
Dance.
I arri here tonight., along with some of my dance family— students, members of Bangor
Ballet and others who support the work we do— for the presentation of my contract zone
change application. I'd like to tell you a bit about who we are and why we are here.
Thomas School of Dance has been in operation for over 90 years in Bangor; it is among
the oldest dance schools in the state. Thomas School of Dance (TSD) was founded in the
late 1920s by Polly Thomas who operated the school for over fifty years. Polly Thomas
sold the school in 1983 to Jane Bragg. In 2014, after teaching at TSD and owning a
smaller dance school in Unity for ten years, I purchased the school as the third owner.
Throughout its history, Thomas School of Dance has been well known for providing
quality dance education in Bangor. We offer classes for all ages beginning at 18 months
in a range of idioms including ballet, tap, jazz, modem, ballroom, contemporary, hip hop,
Irish. and more. Our professional faculty, who have studied and/or performed with many
dance legends, and have a passion for teaching, continue to provide a legacy of high
quality dance instruction for recreational and pre -professional students alike.
At our school we take pride in providing a supportive environment where students can
develop their passion for and knowledge of dance, as well as safe and rigorous technical
training. We, know that the benefits of dance reach far beyond the dance studio walls and
can have lasting impacts on our dancers., our audiences and the lives that our dancers
touch through the many ways they may share their dance.
Thomas School of Dance is also the official training school of Bangor Ballet, a non-profit
dance company established in 1994. TSD and Bangor Ballet have maintained a close
relationship since Bangor Ballet's inception and, in addition to sharing dancers and
artistic personnel, Bangor Ballet historically has used space at TSD for rehearsals and
more.
Thomas School of Dance alumni are spread throughout the world... some performing
professionally, some teaching dance, some studying or practicing in fields related to their
passion for dance, some here in Bangor sending their'own children and grandchildren
back to us for the valued experience they trust us to provide, and others letting us know
bow impactful their time at Thomas was for them.
Over its history, Thomas School of Dance has had multiple locations in Bangor,
including its most recent location on State Street. TSD had been comfortable in the
previous location on State Street since the mid 1990s. Earlier this year, the building we
leased on State Street was sold and we were unable to come to an agreement on lease
terms that would allow us to continue to operate in that space. Our lease expired on July
31, 2019 at which time we vacated the building. This was an unexpected situation and
we have essentially been out of operation since we vacated the State Street
location. With the help of real estate professionals, I scoured the greater Bangor area for
locations suitable for our rental or purchase needs. And though we looked at many
properties, we found none that would meet our current needs within our budget until the
property at 193 Union Street.
193 Union Street is a building that offers the unique features Thomas School of Dance
needs in a space. It will allow us to re -open with exciting opportunities for future
growth. Additionally, 193 Union Street is a part of the fabric of Bangor; merging these
two quintessential pieces of Bangor presents an opportunity for preservation and a lively
future for both.
It is imperative that we be able to get up and running right away as our students are
awaiting their training and our dedicated faculty, who are ready to return in full force,
cannot continue to wait indefinitely. Pending approval of this contract zone change we
will be able to get back to dancing! Thank you for considering my application this
evening.
Proposed Contract Zoning Change
193 Union Street
Bangor Planning Board
December 3, 2019
Good evening members of the Board. I am Patrick Lyons of Eaton Peabody,
counsel for Cassie Pillsbury o/b/o the Thomas School of Dance.
• First, please allow me to introduce Cassie Pillsbury and some of the Thomas
School of Dance family here tonight. Before I discuss why this proposed
contract zone change is consistent with Bangor's Land Development Code and
State law, Ms. Pillsbury would like to briefly introduce herself and the Thomas
School of Dance.
• [Cassie reads introduction]
Thank you Cassie.
There are three issues for the Board's consideration with a proposed contract zone
change: first, whether the contract zone change is consistent with the Bangor
Comprehensive Plan; second, whether it is consistent with existing uses and zoning
in the immediate neighborhood; and third; to review the contract conditions.
Consistency with Comprehensive Plan
• Under Maine law, amendments to a zoning ordinance must be consistent with
the comprehensive plan of the municipality. 30-A M.R.S. § 4352(2). This same
consistency requirement is set out in § 165-7 of Bangor's Land Development
Code.
• The Maine Supreme Court held that an amendment is consistent with the
comprehensive plan so long as it is in "basic harmony" with the comprehensive
plan. Adelman v. Town of Baldwin, 2000 ME 91, 750 A.2d 577.
• The Court held that such an amendment is in "basic harmony" if it is not
specifically prohibited in the comprehensive plan. Absent a specific prohibition,
an amendment is consistent and therefore satisfies State statutory law. City of
Old Town v. Dimoulas, 2002 ME 133, 803 A.2d 1018.
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® This is the same test used for "spot zoning," and thus if a contract zoning
change is in "basic harmony" and consistent with the comprehensive plan, it is
not illegal "spot zoning." City of Old Town v. Dimoulas.
Considering these requirements, it is consistent with the Bangor Comprehensive
Plan to change the two lots of land at 193 Union Street from Government and
Institutional Service (G&ISD) and Urban Residence 2 (URD -2), respectively, to a
Contract Downtown Development District (DDD).
There are a number of examples from the Comprehensive Plan that demonstrate
consistency:
• As set out on page 109 of the Comprehensive Plan:
Union Street is described to be "like Broadway, State Street, and Main Street" in
that it can be divided into several distinct planning areas. The Comprehensive Plan
identifies the "urban core" of Union Street to be "from Main Street to Hammond
Street," which includes 193 Union Street.
• On Page 125 of the Comprehensive Plan:
The Use Policy Map identifies this "urban core" area from Main Street to
Hammond Street" to sit in the "Urban Developed" portion of the city.
• Related to this designation of "Urban Developed, " on Page 122-123 of the
Comprehensive Plan, tinder the Development Goals, Objectives and Policies
section:
GOAL NO. 8 is to "provide a land use framework to accomplish the objectives of
the Comprehensive Plan." The second Recommended Policy for this Goal is to
"Create land use nonconformities only as a last resort" and to "Seek reuse options
for nonconforming structures" and "Relocate and redevelop nonconforming uses
whenever possible."
It is entirely consistent with the Comprehensive Plan to rezone the parcels at 193
Union Street, located in the "urban core" of Union Street, to a Contract Downtown
Development District (DDD). Indeed, the church's structural dimensions —
including setbacks and lot coverage — are nonconforming with the Government and
Institutional Service district, and the parcel used for parking is a nonconforming
use, as parking lots are not permitted uses in the Urban Residence 2 district.
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Rezoning to Downtown Development brings both of these parcels into compliance
with Bangor's zoning requirements, a stated goal in the Comprehensive Plan.
And in addition to this, an amendment to the Comprehensive Plan is consistent
with the plan and in "basic harmony" if it is not specifically prohibited in the
comprehensive plan. As the proposed zoning change is not specifically prohibited,
it is consistent and therefore satisfies State statutory law and the Bangor City Code.
Consistency with Existing Uses and Zoning in the Immediate Neighborhood
As noted in the Planning Staff report, the Comprehensive Plan identifies the area
as a transitional zone and that "Physically, this makes sense as these few blocks on
Union Street carry the land use fabric from what is considered downtown, out to
more residential neighborhoods off Union Street."
On the Zoning Concept Map, the Property in located in the area of transition
between the Commercial Land Uses of Downtown and the High Density
Residential Uses in the surrounding neighborhoods.
The Land Use Zoning Map shows the parcels to be just one block away from
Bangor's downtown and the core area of the city zoned Downtown Development.
The transition area around 193 Union Street also holds a mix of parcels zoned
Urban Service, Multifamily & Service, Urban Residential, and Government and
Institutional Service.
The immediate area surrounding 193 Union Street includes a number of
restaurants, retail businesses, the Bangor YMCA, Bangor Historical Society, and
community service organizations, among others. These are many of the uses
permitted in the Downtown Development District.
Property zoned Downtown Development District with the proposed contract zone
limitations is a natural and logical fit for this transitional zone, especially as it
brings both nonconforming parcels into compliance with Bangor's Land
Development Code.
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Contract Zone Change Conditions
Included with the Contract Zone Change Application are the Contract Conditions
that create and establish enforceable conditions such that the Applicant does not
merely represent what it might do; instead the Applicant enters into a binding
contract to do what they say tonight. These conditions can only be modified with
the approval of the City using the same process as required for the original contract
zone change.
Specifically, Ms. Pillsbury's use of the property will include the following
conditions that limit the future use of 193 Union Street:
• Lot 042-068 (Church Lot)
1. Preserve and maintain all parking currently on the lot.
2. The following uses are prohibited on the lot: bus terminal; bar, tavern
or lounge.
• Lot 042-069 (Parking Lot)
1. The only permitted use for the lot will be off-street parking.
These Conditions for Contract Zone Change mitigate any potential adverse effects
on the "urban core" area of Union Street, eliminating the most impactful uses
allowed in the Downtown Development District while ensuring off-street parking
for any use at 193 Union Street.
In Conclusion
For all the reasons discussed, changing 193 Union Street and Map -Lots 042-068,
and 042-069, from Government and Institutional Service and Urban Residence 2,
respectively, to a Contract Downtown Development District with the proposed
binding conditions for this "urban core" area of Union Street is entirely consistent
with the Comprehensive Plan.
Second, the proposed contract zone change is consistent with existing uses and
zoning in the immediate "urban core" area of Union Street.
Finally, the Conditions for Contract Zone Change mitigate any potential adverse
effects on the "urban core" area of Union Street.
As such, we request your support for the contract zone change.
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IN CITY COUNCIL
NOVEMBER 25,2019
COrd 20-019
FIRST READING
1�1- " � a
CIT CLE
DECEMBER 9,2019
COrd 20-019
MOTION MADE AND SECONDED FOR PASSAGE
VOTE: 9 -0
COUNCILORS VOTING YES: FOURNIER, HAWES,NICHOLS,OKAFOR, SCHAEFER, SPRAGUE, TREMBLE,
DAVITT
COUNCILORS VOTING NO: NONE
PASSED
2L
CITf CLE